Title VI, Financial Administration

and 45A.750 -- Effect of adoption -- Qualification statements. (1) In the procurement of architectural and engineering services, each local public agency may adopt the provisions of KRS 45A.740, 45A.745, and 45A.750. Upon adoption of these provisions, each local public agency sha…

services. (1) When a project requiring architectural or engineering services is proposed by a local public agency, except as provided by subsections (2) and (3) of this section, the agency shall: (a) Transmit a notice requesting a statement of interest in the proposed project fro…

(1) A local public agency shall evaluate those firms submitting statements of interest in a proposed project according to the following criteria: (a) Qualifications; (b) Ability of professional personnel; (c) Past record and experience; (d) Performance data on file; (e) Willingne…

(1) As used in KRS 45.760 to 45.810: (a) "Committee" means the Capital Projects and Bond Oversight Committee; (b) "Capital construction item" means: 1. The construction, reconstruction, acquisition, and structural maintenance of buildings; 2. The installation of utility services,…

(1) Based on the rankings developed in KRS 45A.745(3), the local public agency shall contact the highest-ranked firm and attempt to negotiate a contract for a fair and reasonable value that takes the following into account: (a) The estimated value of the services needed; (b) The …

Construction Program. The provisions of any other law notwithstanding: (1) During any biennium the amount allotted, from all sources, for expenditure on any project in the State Capital Construction Program for that biennium shall not exceed the estimated cost of the project duri…

institutions of higher education, or affiliated corporations enter into certain real property agreements -- General Assembly approval of capital projects using public-private delivery method. (1) Notwithstanding any statutory provisions to the contrary, any state agency as define…

The draft branch budget bills submitted to the General Assembly, and the branch budget bills enacted by the General Assembly, shall comply with the provisions of KRS 45.750 to 45.810. Expressions of general exclusion, including but not limited to, "any act or statute to the contr…

(1) There is created within the capital construction fund the capital construction and equipment purchase contingency account. The account shall consist of moneys appropriated to the account by the General Assembly. (2) Money in the capital construction and equipment purchase con…

There is created within the capital construction fund the capital construction surplus account. This account shall consist of income derived from the investment of moneys appropriated to the capital construction fund, including income derived from the investment of moneys appropr…

(1) The proceeds from the sale of major items of equipment or real property, purchased in whole or in part with capital construction funds, shall be deposited into the general fund unless federal funding restraints require otherwise. (2) The provisions of this section shall not a…

(1) There is created within the capital construction fund the emergency repair, maintenance, and replacement account. The account shall consist of moneys appropriated to the fund by the General Assembly. (2) The Finance and Administration Cabinet may transfer money from the emerg…

(1) There is created within the capital construction fund the "Statewide Deferred Maintenance Fund". The fund shall be used as a supplemental source for funding deferred maintenance and government mandate needs of state agencies. Maintenance includes equipment used primarily for …

-- Vote required to act. (Effective until January 1, 2027) (1) There is created a permanent subcommittee of the Legislative Research Commission to be known as the Capital Projects and Bond Oversight Committee. The subcommittee shall be composed of eight (8) members appointed as f…

and Bond Oversight Committee. The Finance and Administration Cabinet and any institution that manages its own capital construction under KRS 164A.580 shall provide to the committee at its January, April, July, and October regular meetings a status report of any capital project, e…

Infrastructure Authority. The Kentucky Public Transportation Infrastructure Authority created pursuant to KRS 175B.015 shall provide to the committee at its January and July regular meetings a status report of any proposed or active project pursuant to KRS 175B.030 or 175B.035. T…

Research Commission to seek injunction. (1) In reviewing a project, the committee shall determine whether the project has met all the relevant requirements of: (a) KRS 45.750 to 45.816; (b) KRS 56.800 to 56.823; and (c) Any other statutes relating to the committee's oversight of:…

sources. (1) Except as otherwise provided in KRS 45.770(2)(b), prior to transferring funds from any source to the allotment account of a capital construction project or major item of equipment, the relevant entity head, or his designee, shall present to the Capital Projects and B…

As used in KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695, unless the context requires otherwise: (1) "Architect" means an architect licensed under KRS Chapter 323 or a landscape architect licensed under KRS Chapter 323A; (2) "Engineer" means an engineer licensed under KRS…

When the Transportation Cabinet provides engineering or related services for a federal highway project pursuant to 23 U.S.C. sec. 112(b)(2), the Transportation Cabinet shall follow the process established in KRS 45A.800 to 45A.835 as the only alternative to the process establishe…

(1) The General Assembly finds and declares it to be the policy of the Commonwealth of Kentucky to: (a) Insure the fair and equitable treatment of all firms interested in providing architectural, engineering, or engineering-related services to the Commonwealth; (b) Announce publi…

Finance and Administration Cabinet and Transportation Cabinet. By January 1, 1995: (1) The Finance and Administration Cabinet shall promulgate administrative regulations to implement its procurement of architectural and engineering services pursuant to KRS 45A.800 to 45A.835; and…

(1) Any state agency authorized to issue bonds shall, prior to the issuance of any bonds, submit the proposed bond issue to the Capital Projects and Bond Oversight Committee, at least fourteen (14) days prior to the committee meeting, for review and recommendation. The Turnpike A…

related services selection committees -- Uses -- Membership. (1) (a) One (1) or more architectural services selection committees and one (1) or more engineering or engineering-related services selection committees shall be created in the Finance and Administration Cabinet. (b) On…

bonds, or notes authorized by appropriation of General Assembly or by or on behalf of any Kentucky school district. (1) (a) Prior to the issuance of the general obligation bonds, revenue bonds, or notes authorized by an appropriation of the General Assembly, or by or on behalf of…

authorized by branch budget bill. Prior to the issuance of the revenue bonds or notes authorized by a branch budget bill, the agency authorized to issue the bonds or notes shall furnish to the Capital Projects and Bond Oversight Committee and the Interim Joint Committee on Approp…

(1) Before a person joins a selection committee, he or she shall receive an orientation from the procuring agency whose secretary or commissioner appointed members to the committee. The orientation shall include, but not be limited to, an explanation of all statutes and administr…

Prior to the issuance of the revenue bonds or notes, the agency authorized to issue the bonds or notes shall furnish to the Capital Projects and Bond Oversight Committee and the Interim Joint Committee on Appropriations and Revenue, and make available to the public, a listing of …

The executive director of the Commonwealth Office of Technology shall provide to the Capital Projects and Bond Oversight Committee at its January, April, July, and October regular meetings a status report on any information technology system not yet completed which received line …

members. (1) Selection committee members who are not employees of state agencies or state universities shall receive a salary of two hundred dollars ($200) per day for those days authorized by the selection committee for selection committee activities. (2) Selection committee mem…

- Procedures for evaluating proposals and negotiating contract -- Exception. (1) (a) A firm shall not be considered for providing architectural, engineering, or engineering-related services to the Finance and Administration Cabinet, the Department of Fish and Wildlife Resources, …

If a selection committee vote results in a tie between two (2) firms, one (1) of which will perform more of the work tasks in Kentucky than the other, then the former firm shall be ranked one (1) place ahead of the latter.

- Certifications to be made upon negotiation of contract -- Filing with Government Contract Review Committee. (1) For architectural, engineering, and engineering-related construction services procured under KRS 45A.180 and 45A.825, the procuring officer shall make available a cop…

committee. (1) (a) A person shall not serve in a pool from which selection committee members are drawn or on a selection committee if that person, his spouse, either of his parents, any of his siblings, or any of his children is employed by a firm which has been prequalified by t…

certain circumstances. The entity selected under KRS 45A.810 to draft the preliminary project design or specifications that forms the basis of a request for proposal for a project utilizing the design-build project delivery method shall not be eligible to act as an offeror to the…

services -- Review procedure required. (1) Notwithstanding the provisions of KRS 45A.800 to 45A.835, the Finance and Administration Cabinet, the Department of Fish and Wildlife Resources, and the Transportation Cabinet may enter into price contracts for architectural, engineering…

contract services -- Administrative regulations to be promulgated by Transportation Cabinet and Department of Fish and Wildlife Resources. (1) If choosing to operate under this section, the Transportation Cabinet and the Department of Fish and Wildlife Resources shall, by adminis…

As used in KRS 45A.840 to 45A.879, unless the context requires otherwise: (1) "Bond counsel" means an attorney who provides legal counsel to a bond issuing agency with regard to bond issuance and provides an unqualified legal opinion to the agency with respect to validity and tax…

(1) One (1) or more selection committees shall be created in the Office of Financial Management. Each selection committee shall have the authority to participate in the selection of both underwriters and bond counsel. (2) Except as provided in KRS 45A.867 and 45A.870, a selection…

(1) After a person has been appointed to a selection committee, he shall receive an orientation from the office. The orientation shall include, but not be limited to, an explanation of all statutes and administrative regulations pertaining to the person's service on the selection…

Comanaging underwriters -- Review by Capital Projects and Bond Oversight Committee. (1) (a) Pursuant to KRS 45A.853 and 45A.857, one (1) or more underwriters and one (1) or more bond counsel firms shall be chosen for each of the following agencies: 1. Turnpike Authority of Kentuc…

monitoring of nuclear waste disposal site. (1) Appropriations for the capital construction and for the operating budget of a nuclear waste disposal site owned by the Commonwealth shall be set forth as a major program cost in the executive budget document for the Energy and Enviro…

proposals -- Response -- First meeting of selection committee -- Second meeting. (1) (a) A firm shall not be considered for providing underwriting or bond counsel services unless the office has prequalified the firm prior to the date of issuance of the request for proposals. (b) …

Awarding of contract. (1) A selection committee shall meet in executive session to: (a) Evaluate the materials with which it has been provided; (b) Select the two (2) to five (5) most qualified firms based upon the weighted evaluation factors in the request for proposals; and (c)…

statutes -- Retention and inspection of logs and evaluation sheets. (1) After a winning underwriter or bond counsel contract has been awarded by the secretary of the Finance and Administration Cabinet pursuant to KRS. 45A.853 and 45A.857, the executive director shall supply the n…

(1) A person shall not serve on an underwriter or bond counsel selection committee if that person, his spouse, either of his parents, any of his siblings, or any of his children is employed by a bond counsel or underwriter which has prequalified pursuant to KRS 45A.853(1) or owns…

(1) Notwithstanding the other provisions of KRS 45A.840 to 45A.879, this section shall govern the selection of an underwriter or a bond counsel in the case of a bona fide emergency. (2) A bona fide emergency shall be deemed to exist only where the executive director has certified…

(1) Notwithstanding the other provisions of KRS 45A.840 to 45A.879, this section shall govern the selection of an underwriter or a bond counsel to take advantage of an innovation developed by that firm. (2) The executive director may discuss with an underwriter or a bond counsel …

issuance -- Prohibition against state employee's recommending selection. (1) The office shall establish and maintain a schedule of rates at which underwriters will be reimbursed for fees and expenses of counsel they retain for a bond issuance. (2) Employees of the Commonwealth sh…

By January 1, 1995, the office shall promulgate administrative regulations to carry out the provisions of KRS 45A.840 to 45A.879.